Speed Bumps--To do or not to do

DonnaS,

Unfortunately, my advice isn’t legal, more less just an opinion. I maybe speaking for myself, but I think speed humps are a bit more reasonable than speed bumps. HUGH difference. Regardless “IF” you speed or NOT, speed bumps are just obnoxious, were as a speed hump is a little more gradual. Although, they may not slow people down enough to make a difference.

I’m not in favor of either. However, if those are the ONLY two choices. I vote for the speed humps!

I certainly DON’T see anything wrong with surveying the community via a newsletter or web-site, prior to committing to the project. That way the HO can’t place blame for a decision to have them installed in the future.

Keep us posted

Chuck W.

Donna,

Speed bumps, or humps (I never knew there was a difference) may be the only answer to speeding commerical vehicles. The residents speeding aren't likely the problem.

One drawback, what about emergency vehicles? If it's an adult community, I'd especially be concerned about ambulances and EMT's. Has anybody considered that?

As far as who has the authority, I can't say because I don't have your documents to study. I only know in our HOA the board could make a decision like that. Our bylaws empower the board "to act for the unit owners in all instances" with some specified exceptions, like amending the CCRs, setting terms and qualifications for board members, etc.

We have a private subdivision and have had the bumps, then took them out. They damaged the road. They have to be taken out in the winter because the plow could hit them. Then we asked the Police Department to parol more. That helped (but our streets are 25 MpH - the lowest the P.D. will enforce.)

Then we had one of those big machines that tell you your car's speed. That also worked, however, it got vandalized at 3 a.m. by some kids, so it was removed.

Some people put out those florescent signs shaped like a kid that says Slow Down. Don't know if it works.

As you can tell, speeding is a problem in our neighborhood.

Also another problem, at least in this neighborhood, is that we can and do cut thru adjacent neighborhoods to avoid the streets with speed bumps. This of course creates more traffic on those streets.
We had a couple residents who wanted them, but more did not, so it died before it got very far. This was verbal tho, not an actual vote. Good luck getting your board to allow a vote.

Recently our homeowners association wanted to install speed humps. We have two main roads through our neighborhood but they were county owned. They had requested the county to do a traffic study to see if traffic calming would be necessary. We now have them installed down the streets. We had a residential speed limit of 25 mph, and people would always speed down them. After they were first installed, many people would speed around them in peoples yards but since they have been installed for sometime now, traffic seems to go at a slower pace, with the occasional car doing the speed up/brake/speed up when going down these roads.

Thanks to everyone so far. I just feel that this is an expense that would be a waste because as all of you have said so far, they really will not take care of the speeders because those who abuse the speed restrictions, will find a way around them. And ANNA, that is another valid point, that they were not there originally and the residents should have say so and that was my original arguement to the President. So far, no one has answered me on where the funds would come from for 4 bumps or humps.

Mind you, I am also on the Docs committee for this HOA, doing my work from Tennessee. Cyber Committee Chairman.

DonnaS...greetings from a sunny fla !!! Hope you are enjoying being in Tenn....... Awhile back our HOA had also discussed humps/bumps.....Our roads are private and not patrolled by the LLE.....I went and did some research and had found a case where in Palm Beach a gentleman had sucessfully sued his HOA for installing these devices as he claimed they impeded his right for ingress and egress to his private home on this road...He had lived there I guess for some time and the Judge ruled in his favor and the humps/bumps had to be removed.

I made a similar arguement to our BOD and explained that our roads are not platted roads, we do not recieve mail at our front yard, and thus according to the county plat our roads are considered "easements" and my "driveway". I explained that the end result IF they installed these is that a bunch of us would seek relief via the courts to have them removed IF they went ahead and installed them....I also reminded them that grading of the DIRT ROADS would be impossible if they were installed....

I asked the BOD to rely more on "educating" people here about the dangerous consequences of speeding and making sure that all VENDORS understand that we take speeding VERY SERIOUSLY in our subdivision and if they fail to follow the posted speed they will be banned...To date it has worked with the vendors..now if we could only get the residents to "remind" their guests of the same...... Hope this helps .......LindaC3

Bruce,

I still own 2 properties in S. Florida, both are rentals. I am doing the Document work for the 55+ community and stay very involved with them. The other is a condo which I rent to an ex-sister-in-law. I am the registered voter at both places, therfore I pay attention to everything going on and we do reside full time outside of Chattanooga. Fl. got too expensive tax and insurance wise so we are now hillbillies. ( we live in the hills so as NOT to offend anyone.) So I don't know if I am devoted but I certainly do care about my substantial investment

These proposed bumps/humps are not in the budget and the Board can just order them installed because they come under our 5% of the total budget expense addition that the Board can okay without a vote from the members. We have fairly hefty quarterly dues and 230 units so the $725,000 annual budget makes it easy for the Board to spend quite a bit without a vote.

If they dared to use Reserve Funds for this, I would literally shut them down as a Board. Fl has very explicite Reserve Statutes and I am appauled when I read what other associations use them for without knowing the laws.

Bruce,
They probably would take it out of the Hurricane/emergency repair fund from last year because there were no storms and that fund is sort of a slush fund if it does not get used. They somewhat reduced the amount in the fund for this year and have an emergency repair fund which is also flush with funds. AND they reduced the quarterly dues by 11 dollars per. These folks have been running this association for 14 years, most all are from Jersey, N.Y and the northeast. They sure know how to stretch a buck. It will go to a member vote if it is more than 5% of the annual budget but that would have to be more than $37,000 and I don't think that 4 or 5 speed bumps will be higher than that amount. But I"MMM WATCHING THEM.

I. I have asked the Pres. to contact Emergency Services/aka Fire and Police, to find out if they do not like these humps/bumps and I agree with everyone that they are a nuisance. Being that it is a gated community, no city regulations apply but I am still looking for some sort of court ruleing that they are not allowed under certain circumstances.

I heard of a case where an owner sued the association to remove them after the Board had them installed without the memberships approval. It had something to do with restricting ingress and egress of certain members. It probably slowed them down so in that case, I don't want to use that as arguement.

Ann,

That's a great report.

I immediately recognized the web address as a Connecticut government address, so I had to check it out.

In case anyone is interested, "OLR" stands for the Office of Legislative Research. It's the nonpartisan research arm of the Connecticut General Assembly (the state legislature). They staff all nonfiscal legislative committees, analyze bills, and summarize public acts. They also perform research and prepare reports for individual legislators to help them respond to constituents, draft bills, give speeches, and provide background information to aid in voting decisions.

It's a great resource, even for us citizens - and, even if you don't live in CT.

Donna,

You may also want to contact the planning dept or traffic engineering for suggestions on other speed reducing alternatives. Our neighborhood also has circles which are designed to slow the traffic (although some people don't navigate them properly!). I know the traffic engineers are always coming up with something new so you may find a more acceptable method to speed bumps.

Donna, I just read your initial post and offer the following ideas. While the Board may have the authority to try to add speed bumps they would be wise to get input from the members first. If these are public roads approval will be required. The fire and police departments can provide info for public or private roads. In Colorado there is also a problem related to snow removal.

There can be a liability to the Association if the Association's Board is aware of a potential safety hazard and does nothing about it. I am currently managing an Association where we are reducing the speed limit signs from 15 to 5 mph and adding more "children at play" signs. The Board chose not to consider speed bumps at this time.

If the powers of the Board include "maintenance and care of the streets" or "health and safety of the residents", the board may be using that to hold their own vote without members' knowledge, much less approval.

Ask what under what power does he think the Board can take this step to pass this particular motion. (Make sure there is a motion, documented in the Board's minutes)m

GENERALLY, the Members can motion and approve to recind the Board's motion/decision, if enough are upset about it at a duly-called special meeting or at the annual meeting. 2/3 vote required in most instances.

Have fun . . .

I rank speed bumps with NO TRESPASSING signs:

1. Ugly.
2. Generally ineffective to exactly the people to whom they are directed.
3. Hence, a waste of HOA money.

Interesting comment.

We have a similar discussion going on in our community about speed bumps and No Trespassing signs.

In fact, I just placed an order for 5 signs.

Sometimes the perception is more important than the reality, though.

Regarding speed bumps, they are illegal in our community (our Metro area) and can only be used on private land. So a shopping center can install them, as can a gated community that owns the roads inside.

MOST (not all, but most) HOAs in our community have county-owned or state-owned roads. The county and/or state maintains and repairs them.

As a result, we cannot install any speed-detering device on our own.

We have put in a request for "speed humps" (which I personally dislike almost as much as speed bumps, but the community wants them), which we may be able to have, depending on state approval.

Our HOA must have 80% of the residents on the roads on which the humps will be installed to agree to them.

So far we haven't begun the process of collecting signatures, but I believe that will be starting soon.

For the record, a representative from our local fire department came to the community meeting to discuss speed control and he was not at all in favor of the speed bumps or the speed humps.

Not sure what the answer is, but the community is just happy to have this problem being looked at.

Well, that No Trespassing sign has a motion-sensitive particle-disruption laser beam attached to it. Leaves a bit of a mess, but the trespasser is no longer a problem. However, I don't think it's legal in all 50 states yet.

The thing is, No Trespassing signs, like speed bumps/humps, I suppose, have more of a psychological effect on the residents than actually being an effective deterrent.

But for $15 apiece, and giving the homeowners a sense that a problem is being addressed, it's probably money well spent for that reason alone.

No trespassing signs have a purpose, if someone that is not a member decides to sue the HOA because they broke their ankle on the common property...it is hard to explain to a judge why you walked right by that no trespassing sign and still feel entitled to money.

I do agree they don't stop anything, they are just a tool to decrease liability and appease insurance companies.

In Fla. No Tres. signs are more than appeasement, they are a prerequisite to permit the police to remove anyone who doesn't belong (non-residents or non-sponsored "visitors").

We have them at our one and only gated entrance and every 250' along the assn . property fence(s).

Anyone driving thru the center of the speed bump to avoid the "bump" may be ticketed if there is a P.O. in the vicinity. Forewarned is forearmed!

I hate the darn things! Here in Glendale, the F.D. has to approve speed bumps.

Unless a developement/road/path/wooded area is 'posted' and/or fenced it is not tresspass to enter !!!!!!!!!

A 'private' sign at the entrance road is fine.
A fence (expensive to maintain) around the developement is fine.
A 'posted' moat with alligators is fine.

Otherwise you need NO TRESSPASSING signs.

If you are walking through a wooded area there needs to be a 'posting' to alert you that you are entering private property.

If a developement has municipal roads and sidewalks it needs to be posted.

A persons home is clearly private property.

But, the wooded boundary of an HOA from the highway could be mistaken for public land unless it is posted!

Again, I reiterate, you are not necessarilly tresspassing merely by entering unposted private propery.

If, however, the property is 'posted' YOU ARE TRESSPASSING.

This is why you will see stretches of woods next to roads with 'posted' signs!

KRS 511.060 Criminal trespass in the first degree

(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a
dwelling.
(2) Criminal trespass in the first degree is Class A Misdemeanor.

KRS 511.070 Criminal trespass in the second degree

(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a
building or upon premises as to which notice against trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor.

KRS 511.080 Criminal trespass in the third degree

(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or
upon premises.
(2) Criminal trespass in the third degree is a violation.

KRS 511.090 General provisions

(1) A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.
(2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the
public does so with license or privilege unless he defies a lawful order not to enter or remain personally
communicated to him by the owner of such premises or other authorized person.
(3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a
license or privilege to enter or remain in or upon a part of the premises which is not open to the public.
(4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor
otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated
to him by the owner of the land or some other authorized person or unless notice is given by posting in a
conspicuous manner.
(5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall be presumed to be land where
notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be
presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining
landowner to do so.

(4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor
otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated
to him by the owner of the land or some other authorized person or unless notice is given by posting in a
conspicuous manner.

This post is a bit late but for those who are researching the topic...I have done quite a bit of research on methods used to slow cars around neighborhoods, school zones etc.

I've found there are some significant drawbacks to speed humps/speed bumps that are worth considering:
- they can increase traffic noise (think of a truck with a bed full of tools and plumbing equipment.
- they impede fire trucks and other emergency vehicles.
- they often INCREASE speeds inbetween bumps.
- they tend to simply divert traffic a block over to untreated streets.
- they can be a danger to bicyclists and other modes of transporation.
- they can wreck your car suspension.

There are a couple of websites that provide nice overviews of traffic calming options and related studies. WWW.stopspeeders.org offers details (pros/cons) regarding a fairly comprehensive list of options. www.informationdisplay.com has a nice collection of links to government studies. The website belongs to a manufacturer of radar speed signs so they are obviously biased, but the governement studies are not. Conclusion: radar speed signs - those speedcheck displays that tell passing drivers how fast they are going - turn out to be incredibly effective at slowing cars...and they don't appear to have the negative impact that speed bumps do. Certainly worth investigating.